High Court Of ChhattisgarhCRR/198/2009dismissed

Vinod Kumar Sahu v. Satyawan Prakash Sahu And ORS.

2021-09-27Hon'Ble Shri Justice Manindra Mohan Shrivastava,Hon'Ble Smt. Justice Vimla Singh Kapoor2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRR No. 198 of 2009 • Vinod Kumar Sahu S/o Badri Prasad Sahu, aged about 44 years, R/o Old Police out Post MPEB Korba District Korba, CG. ---- Applicant

Versus

1. Satyawan Prakash Sahu S/o Bharat Lal aged about 22 years,

2. Rakesh Sahu S/o Bharat Lal, aged about 18 years,

3. Bharat Lal Sahu S/o Murid Ram, aged about 48 years,

4. Gangotri Bai W/o Bharat Lal Sahu, aged about 45 years,

5. The State of Chhattisgarh, through P.S. Kasdol, District Raipur, CG. ---- Respondents • None for the appellant even in the second round. • Mr. Ajay Chandrakar, counsel for the respondents No. 1, 2 and 4. • Mr. Mateen Siddiqui, Dy. AG for the State/respondent No. 5. D.B.: Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Vimla Singh Kapoor Order on Board Per Manindra Mohan Shrivastava, J.

27.09.2021 Previous order sheets shows that despite repeated opportunity granted to the applicant, no appearance has been made. A fixed date to notice of hearing of the case was also issued but even then no one has appeared on behalf of the applicant in this revision against acquittal of respondents No. 1 to 4.

Though the respondents/accused were charged of commission of offences under Sections 498 (A), 306, 304 (B) and 302 IPC, the learned trial Court has acquitted all the accused. The learned trial Court after going through the evidence on record has recorded a finding that none of the prosecution witnesses have proved that the deceased was subjected to cruelty in connection with dowry soon

before her death. The discrepancies in the evidence of the prosecution witnesses has been taken into consideration. The learned trial Court also found that the evidence also does not prove that deceased was murdered. In the absence of any clinching evidence of any cruelty, learned trial Court has held that even abetment could not be proved and therefore, no case is made out against the respondents/accused.

There is no one to press this revision much-less raising any specific ground to assail legality of validity of the order of acquittal passed by the trial Court.

In view of the above, we do not find any merit in the revision and is therefore, dismissed. Revision is accordingly dismissed. Sd/- Sd/- (Manindra Mohan Shrivastava) (Vimla Singh Kapoor) Judge Judge Pawan Prajapati